Sarfaraz Hussain v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 8108 of 2017 Paskal Minj S/o S/o Shri Johan Minj Aged About 53 Years R/o Pandripani, Police Station Narayanpur, Tahsil Bagicha, District Jashpur Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Narayanpur, District Jashpur Chhattisgarh.
---- Respondent And M.Cr.C. No. 281 Of 2018 Sarfaraz Hussain Son Of Basir Hussain, Aged About 32 Years Caste Muslim, R/o Village Bandega, Feetingpara, Police Station- Talsara, District Sundergarh, Odisha.
---- Applicant Vs State Of Chhattisgarh Through Station House Officer, Police StationNarayanpur, District Jashpur, Chhattisgarh. ---- Respondent For the Applicants :
Shri Ashish Gupta and Shri J.K.
Saxena, Advocates.
For the Respondent/State :
Ms. K. Tripti Rao, P.L.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
ORDER
14.03.2018 1.
Both these applications are decided by a common order as they arise from the similar matter. These are the first bail applications of the applicants filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.74 of 2017, registered at Police Station Narayanpur, District - Jashpur, Chhattisgarh for the offence punishable under Sections 5, 6 and 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam, 2004 and Section
3/ 181 of the Motor Vehicles Act.
2.
Learned counsel for the applicants submit that the applicants in both the cases are in jail since 10.10.2017 and they have been falsely implicated in these cases. No case is made out against these applicants on the basis of the material placed before the Court by the prosecution. The applicants are ready to abide by all the conditions that may be imposed on them. Hence, it is prayed that the applicants in both the cases be benefited with grant of regular bail.
3.
On the other hand, learned counsel for the State opposes the bail applications and the arguments submitted in this respect. 4.
Heard counsel for both the parties and perused the case diary. 5.
As per the prosecution case, on the date of incident applicant - Sarfaraz Hussain in M.Cr.C. No. 281 of 2018 was found selling the meat and applicant - Paskal Minj in M.Cr.C. No. 8108 of 2017 was found purchasing the said meat. The police personnel of P.S. Narayanpur, District Jashpur apprehended both the applicants and on interrogation they admitted that the meat in possession of these applicants was beef. Hence, this case. 6.
Considered the material present in the case-diary and the fact that there is no specific forensic report confirmed that the meat seized from the possession of these applicants was beef. Hence, for these reasons, both the applications are allowed.
7.
It is directed that the applicants in both the cases shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- in respect of each crime with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi